Today’s digital world opens up a wealth of information and sharing at our fingertips — and social media has become such an ubiquitous part of daily life that defining boundaries can be a struggle. Public domain, or private conversation? Personal fodder, or professional filter?
When it comes to one’s private social media accounts, though, it’s clear that employers should remain on the other side of that boundary. House Bill 1739, HD 1 aims to do that by barring employers from asking workers or job applicants for their private-account passwords, and it’s a needed delineation to uphold privacy rights in our digital age.
Already, there’s a growing trend of employers researching job applicants on the Web, beyond the traditional resumes and cover letters: 52 percent did so last year, up from 43 percent in 2014, and from 39 percent in 2013, according to CareerBuilder. Further, more than one-third of employers who research candidates on social media asked to “friend” or follow the applicant. Such crossover reach is not so surprising given the omnipresence of social media, but it is still disconcerting — and speaks to the necessity of ground rules when it comes to privacy in today’s overshared world.
One’s private social media account is just that — private — and a employer should not, as a matter of routine, expect otherwise by demanding passwords as a condition of employment.
Michael Golojuch Jr., head of the Hawaii Democratic Party’s LGBT caucus, in his testimony spoke to one aspect of the importance of privacy: personal discrimination that could wrongly cross into the workplace.
For various reasons, he said, a LGBT (lesbian, gay, bisexual, transgender) person might decide to not “come out” at work, a personal decision that should not be a requirement for employment. “Without this bill LGBT citizens have the fear of being outed by their employer since they would have full access to all their emails as well as their social media life that they may have only shared with their selected friends.”
Clearly, for all employees, LGBT or otherwise, the basic concept of being secure in their law-abiding personal lives is unequivocal, as outlined in the U.S. Constitution’s Fourth Amendment, which protects a citizen’s right to be “secure in their persons, houses, papers and effects, against unreasonable searches and seizures.”
Reasonable amendments in HB 1739, HD 1 apply certain exceptions, such as preserving an employer’s obligation to investigate complaints, allegations or the occurrence of harassment prohibited under law. Also, an employer would be able to investigate specific incidents regarding unauthorized transfer of its proprietary, confidential or financial information to an employee’s personal account.
It’s important to note, as the American Civil Liberties Union did, that the bill would not change current law regarding background checks. Employers can still use the Internet to access public profiles of job candidates. This law merely prohibits access to private materials and communications.
For everyone, of course, there is always personal responsibility and plain common sense to avoid overposting, under the assumption that nearly anything on the Internet is neither private nor temporary.
That said, private social-media networking is set up with a reasonable expectation of privacy. This bill recognizes that, and would create an important boundary against professional overreach into an employee’s private life. Our modes of information-sharing are continually evolving — but the right to one’s privacy and personal life remains bedrock solid.
